The case Mubashir Iqbal Zafar v. Ministry of Defence, through its secretary, was recently decided by the Honorable Ms. Justice Ayesha A. Malik regarding the implementation of the Wedlock Policy 1998 of the Government.

The main facts are as follows: Mubashir Iqbal Zafar was working as an Assistant Health Inspector (BPS-5), while his wife was a Teacher (BPS-14). He requested that his transfer be stopped because his wife was posted in Abdul Hakeem, and both his wife’s and his own health were not in good condition. He asked to be allowed to work at the same place as his wife.

Despite this, he was transferred from Abdul Hakeem, District Khanewal, to Dera Nawab Sahib, District Bahawalpur, on 08 February 2021. He also cited the Wedlock Policy 1998 to support his request. However, his application was rejected without consideration. It is important to note that his wife is a heart patient and urgently needed her loved ones close to her. The authorities did not take this human factor into account when rejecting his application.

Then the petitioner filed the case in the Federal Services Tribunal (FST), which is the right appellate forum in this case. The FST also dismissed his petition on the ground that a civil servant does not have the right to choose his posting himself.

The petitioner also argued that the government’s Wedlock Policy of 1998 clearly states that husband and wife who are both government employees should be posted in the same city to reduce hardship. He said that medical cases must be given top priority. He also submitted medical certificates for himself and his wife. He pointed out that his wife was allowed to remain posted in Abdul Hakim on medical grounds in 2023. On the other hand, the government argued that the petitioner must follow his transfer order, that he cannot choose where he wants to work, and that he has already benefited from the Wedlock Policy for many years. The case reached the Supreme Court as an Appeal.

The Court examined the Wedlock Policy, which consists of several government notifications issued since 1998, and........

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